Central New York Alimony and Maintenance Law Firm

Guiding clients through family law payment negotiations

The Law Office of Richard J. Bombardo, P.C., in Syracuse, has extensive experience in advising clients about legally mandated payments that are outgrowths of family law matters, such as—

Alimony and spousal support

The amount of spousal support is dependent upon several factors including but not limited to:

• The length of the marriage
• The disparity in the parties’ income
• The income earning capacity of both parties
• The lifestyle of the marriage
• Several other factors which will be considered by the Court in making a determination.

Part of all divorce actions includes the division of marital property and debt by a method called equitable distribution.  This includes all:

• Bank accounts
• Retirement accounts
• Real estate
• Automobiles
• Household furnishings
• All other personal and real property as well as all debt.

The general rule is that any asset or debt that was purchased or incurred from the date of the marriage until the date the divorce action is begun will be marital property and debt, and will be distributed in some fashion by the Court.

It does not matter who holds title to any of the real or personal property, or who incurred the debt.  There are exceptions to what will be considered marital property and debt, and how that comes to be, but that is something best left for you to discuss in detail during a meeting with me.

No-fault divorce

Alimony may be awarded to either spouse.  If you wish to be eligible for alimony, you must request it in your Complaint or Answer to the divorce petition.  Attorney Bombardo can help you navigate this process.  The most important factors considered are the length of the marriage and the incomes of the spouses.

Factors in deciding whether an individual is eligible for alimony

In deciding whether an individual is eligible for alimony, the court evaluates all the following factors: 

• Income and property of the spouses
• Duration of marriage
• Age and health of respective spouses
• Present and future earning capacities of each spouse
• Ability of person seeking alimony to become self-supporting
• Reduced or lost earning capacity of person seeking alimony because of delayed training/employment during the marriage
• Tax consequences to the parties
• Presence of children of the marriage in respective homes of the spouses
• Other contributions and services of the spouse seeking alimony
• Wasteful dissipation of marital assets
• Transfers made by a spouse at below-market value in anticipation of divorce action
• Any other factor the court deems relevant   

Factors in deciding how much alimony is granted

The Court takes into account the financial circumstances of each party, including reasonable needs and means.  It also must consider—

• Present and future earning capacity of  the paying spouse
• The recipient spouse's present and future earning capacity
• Each party's standard of living

The pre-separation standard of living provides the standard for permanent alimony payments, provided the paying spouse has the financial ability to maintain it.  When the parties in a marriage have lived beyond their means, then support need not be based upon the pre-separation standard.  In that case, the parties' post-divorce financial circumstances are given greater weight.

Changes to and cessation of alimony  

Changes can be made to alimony if both parties agree to the changes, or when there is a substantial change in the financial circumstances of either party.  For example, a change in the employment status of either spouse or the remarriage of the recipient spouse may trigger a reexamination of alimony.

Permanent or durational alimony

In determining whether alimony should be permanent—for the rest of a lifetime—or durational, the courts considers factors such as—

Maintenance

In New York State, those still legally married, but in the process of separating or divorcing can obtain spousal maintenance rather than alimony.  Maintenance is designed to be rehabilitative, meaning that it will normally be of limited duration to allow the recipient spouse the opportunity to become self-supporting.  However, in long-term marriages the court has the authority to award maintenance lasting until the death or remarriage of the recipient spouse in limited circumstance.  This area of law is quite complex, because there are 12 factors the court must consider when making an award of maintenance.  Attorney Bombardo can guide maintenance petitioners through this complex process. 

Providing skilled legal counsel and attentive client service

Contact the Law Office of Richard Bombardo, PC at 315-488-5544 for a free consultation and let Mr. Bombardo answer your questions about spousal support.  In-office and telephone consultations are available Monday through Friday during normal business hours and by appointment after hours and weekends.  You can also contact the firm online by submitting the intake form on this website.  Flexible payment options are available for clients who meet certain criteria.